The appellant was given a demand to provide a breath sample and accompanied a police officer to the station without being informed of his right to retain and instruct counsel.
The trial judge acquitted the appellant, finding a breach of section 10 of the Charter, but the Court of Appeal set aside the acquittal.
The Supreme Court of Canada allowed the appeal and restored the acquittal, applying its concurrent decision in R. v. Therens to hold that a breathalyzer demand constitutes detention, the failure to inform of the right to counsel violates the Charter, and the resulting evidence must be excluded under section 24(2).
